Amend Atch 2 Other Cont Req.pdf

Attachment 2 to Solicitation No. FA520920Q0068

Other Contract Requirements

L-100. Instructions, Conditions, & Notices to Offerors or Quoters

Addenda to FAR 52.212-1 Instructions to Offerors - Commercial Items

1. Paragraph 52.212-1(c), Period for Acceptance of Offers, is tailored as follows: “The quoter agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.”

2. The following is inserted as new paragraph (m) of the provision:

(m) Quotation Preparation Instructions.

(1) To assure timely and equitable evaluation of proposals, quoters must follow the instructions contained herein.

Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I - Summary and Miscellaneous Data, Part II

- Price Proposal and Part III - Past Performance Proposal.

(2) Specific Instructions:

PART I – SUMMARY AND MISCELLANEOUS DATA

(a) Standard Form (SF) 1449. Complete blocks 12, 17a, 30a, 30b, and 30c. In doing so, the quoter accedes to the contract terms and conditions as written in the solicitation.

(b) Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications in the System for Award Management (SAM) accessed through https://www.sam.gov. The quoter shall complete only paragraph (b) of the provision FAR 52.212-3 if the quoter has completed the annual representations and certification electronically in SAM. If the quoter has not completed the annual representations and certifications electronically, the quoter shall complete only paragraphs (c) through (v) of the provision FAR 52.212-3. Return the provision “Representations and Certifications – Commercial Items”, along with the quotation. For other provisions and clauses in the solicitation, the quoter is required to submit the pages that require a quoter fill-in.

(c) Submit an acknowledgment of the all solicitation amendments, if issued.

(d) All quoters shall submit copies of qualifications as required at paragraphs 1.2 of the PWS. In the event, the quoter does not submit the required qualifications, the quoter may not be deemed "Responsible" in accordance with FAR 9.104-1 rendering them ineligible for award.

PART II – PRICE PROPOSAL

(a) This Part shall contain a completed Schedule of Supplies/Services, continuation sheets of SF 1449, blocks 19

– 24 and 26 (for Total Proposed Amount).

(b) Insert proposed unit price(s) and extended amount(s) in the Schedule of Supplies/Services for each Contract Line Item Number (CLIN), including all option periods. The extended amount must equal the unit price multiplied by the number of units. It is imperative that mathematical calculations are correct.

(c) Extreme care should be exercised to ensure that no price data of any kind are included in any other Part of the proposal.

https://www.sam.gov/

PART III – PAST PERFORMANCE PROPOSAL – Limited no more than 10 pages per contract listed.

(a) Past Performance Information (PPI): Provide a list (See Attachment 3, Past Performance Reference List) of no more than three (3) recent and relevant contracts performed for any customer. [See definitions of recent and relevant in addendum to 52.212-2, paragraph (d)(2)]. Furnish the following information for each contract listed:

(i) Company/Division name

(ii) Description of Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Value

(vi) Period of Performance

(vii) Verified, up-to-date name, mailing and e-mail addresses, and telephone number of the contracting officer (Point-of-Contact)

(viii) Comments regarding compliance with contract terms and conditions

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

(x) Include rationale supporting your assertion of relevance and identify aspects of the contracts deemed relevant and how they relate to the proposed effort. If a quoter has no past performance history of relevance, the quoter must affirmatively state it possesses no past performance history of relevance.

(b) Quality and Satisfaction Rating of Contracts. Provide any PPI currently available (letters, metrics, customer surveys, independent surveys, etc.) that demonstrates customer satisfaction with overall job performance and/or quality of completed and/or ongoing contracts. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems, such as cost overruns, extended performance periods, numerous warranty calls, etc.

(c) The evaluation of PPI will take into account PPI regarding (i) predecessor companies, (ii) will take into account PPI regarding teaming partners, and/or (iii) will take into account PPI regarding subcontractors that will perform major aspects of the requirement when such information is relevant to this acquisition. Major aspects are identified in PWS paragraphs 1.1 through 1.4

(d) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any recent and relevant PPI on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past contracts of relevance.

(e) Subcontractor Consent. PPI pertaining to a subcontractor cannot be disclosed to the prime contractor without the subcontractor's consent. Provide with the quotation a letter from each subcontractor that will perform major or critical aspects of the requirement, consenting to the release of its past performance information to the prime contractor.

(3) Documents submitted in response to this RFQ must be consistent with the following:

(a) Requirements of the solicitation (CLINs) and Government standards.

(b) FAR 52.212-2, Evaluation - Commercial Items, of this solicitation.

(c) Submission for the quotation shall be as follows:

(i) Quoters shall submit electronic copies of quotation via e-mail. By submitting an electronic copy, quoter assume all risk of quotations not getting through security measures and firewalls. Only files created using Microsoft WORD, Microsoft EXCEL, and/or Adobe.pdf files will be accepted. No zip files will be accepted. If submitting quotations electronically, email the file(s) by the solicitation closing date and time to the following email addresses:

ikumi.sato.jp@us.af.mil and namiko.kaneko.1.jp@us.af.mil. The Government will confirm receipt of your submission via email reply.

(ii) The following table summarizes the proposal submission:

PART TITLE ELECTRONIC

COPY PAGE LIMIT DUE DATE

I Summary and Miscellaneous Data, Special Qualification 1 N/A See Block 8 of SF1449

II Price 1 N/A See Block 8 of SF1449 III Past Performance 1 10 pages per contract See Block 8 of SF1449

(End of Addenda)

Addenda to FAR 52.212- 4 Contract Terms and Conditions - Commercial Items

(k) Taxes. The text is deleted and replaced as follows:

(1) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the Government of Japan have agreed shall not be applicable to expenditures in Japan by or on behalf of the United States.

(2) The Status of Forces Agreement between the Japan and the United States and implementing the Japanese laws authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United States Armed Forces. Those taxes include (1) Consumption tax, (2) Gasoline tax and local road tax on gasoline, (3) Diesel oil tax, and (4) Liquefied petroleum gas tax.

(3) The Contractor will submit requests for gasoline or diesel oil tax exemption certificate to the Contracting Officer. This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to support the accurate consumption of gasoline or diesel oil, or other necessary information and data as may be required. The Contracting Officer will issue to the Contractor a tax exemption certificate for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract.

(w) Conciliation. Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the Contractor shall be made in accordance with the following procedures:

(1) In the event the Contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with the clause of this contract entitled, "Disputes" and within the time limits described therein before filing a request for conciliation with the Joint Committee and then request the appellate authority under the "Disputes" clause to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

(2) The request for conciliation will be submitted by the Contractor through the nearest Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request mailto:ikumi.sato.jp@us.af.mil mailto:namiko.kaneko.1.jp@us.af.mil with the Joint Committee, the Contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

(3) In the event the disagreement submitted to the Joint Committee under subparagraph (2) above has been resolved through conciliation, it will be the responsibility of the Contractor to notify the appellate authority designated in the clause of this contract entitled, "Disputes", of the settlement of the dispute and to withdraw his appeal.

(4) In the event the Contractor has submitted a request for conciliation to the Joint Committee under subparagraph

(2) above desires, notwithstanding tendency of his request for conciliation, that action by the appropriate authority under the clause of this contract entitled, "Disputes", be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the Contractor of his action taken hereunder.

(5) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled, "Disputes", has been rendered.

Pending the hearing of the conciliation panel, the Contractor shall proceed diligently with the performance of the contract in accordance with the Contracting Officer's decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file in a civil suit.

(End of Addenda)

M-100. Evaluation Factors for Award

Addendum to FAR 52.212-2, Evaluation - Commercial Items

The following is inserted as new paragraph (d) of the provision:

“(d) Basis for Contract Award: This is a competitive lowest price with acceptable past performance award conducted in accordance with (IAW) Federal Acquisition Regulation (FAR) Parts 12 and 13. By submission of its quote IAW the instructions provided in clause FAR 52.212-1, Instructions to Offerors - Commercial Items, the quoter accedes to all solicitation requirements, including terms and conditions and representations and certification.

Failure to meet a requirement may result in a quote being determined unacceptable. Award will be made to the lowest Total Evaluated Price (TEP) quote that is lowest price with acceptable past performance. The evaluation process will include the following:

(1) Price: The Government will rank all quotes by TEP for Contract Line Item Number (CLIN) 0001 and 0002, including all option prices (1001 thru 2, 2001 thru 2, 3001 thru 2, 4001 thru 2). The price evaluation will document the fairness and reasonableness of the TEP. The Government reserves the right to perform price realism analysis. If the Government elects to perform a price realism analysis, the Government reserves discretion over the method within which it performs its price realism analysis. If the Government elects to perform a price realism analysis and finds a proposal unrealistic, the Government may withhold award to that quoter.

Total Evaluated Price. A TEP will be computed for each quote in order to meet the requirements of FAR Parts 6 and

17. The price of a six-month extension authorized by FAR 52.217-8, Option to Extend Services, will be added to the proposed price for each potential contract performance period.

The TEP is a two-part computation. First, the quoter's total quoted price will be determined by multiplying the quantities identified in the Pricing Schedule (SF 1449, continuation of blocks 19 - 24) by the unit price, limited to two decimal places, for X001 thru 2 CLIN to confirm the extended total amount for X001 thru 2 CLIN; the sum of all extended amounts will be the quoter's total quoted price. Second, the total quoted price (total amount for CLINs X001 thru 2) plus the sum of FAR 52.217-8 formula (shown below) will constitute the TEP.

The formula for the Option to Extend Services amount is as follows:

Base Year = CLIN Unit Amount x 6* Option Year 1 = CLIN Unit Amount x 6* Option Year 2 = CLIN Unit Amount x 6* Option Year 3 = CLIN Unit Amount x 6* Option Year 4 = CLIN Unit Amount x 6*

Note: *6 is the multiplicative factor used to derive the 6 months quantity value.

Evaluating the Option CLINs does not obligate the government to exercise the Options.

(2) Past Performance: The Government will evaluate past performance information (PPI) submitted from the lowest priced quoter under this acquisition. If the lowest priced quoter is determined to be Acceptable based on the below evaluation process, no other quoters need to be evaluated for past performance. In the event that the lowest quoter is determined to be Unacceptable, the quoter will be eliminated from consideration for award and the Government will then evaluate the next low quoter's PPI. This process will continue until a quoter is found to have acceptable past performance.

Past performance evaluation considers each quoter's demonstrated recent and relevant record of performance in supplying products and services that meet the solicitation requirements as well as the quality assessment, based on contacting customers. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the quoter's Past Performance quote and any information obtained from other sources available to the Government.

The Past Performance evaluation results in an assessment of the quoter's probability of meeting the solicitation requirements. Quoters must receive a past performance rating of Acceptable to be eligible for award.

Recency Assessment. An assessment of the PPI will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past 3 years from the date of issuance of this solicitation.

Ongoing contracts shall have completed at least six (6) months of performance by the solicitation release date in order to be considered for acceptability. PPI that fails this condition will not be evaluated.

Relevancy Assessment. The Government will conduct an evaluation of all recent PPI obtained to determine whether the products provided/services performed under those contracts relate to the products/services identified within the PWS. A relevancy determination of the quoter's PPI will be made based upon the aforementioned considerations, including predecessor companies, teaming partner(s), and subcontractor(s). In determining the relevancy of effort performed under individual past performance contracts, the Government will only consider the specific effort or portion consistent with that proposed by the prime, teaming partner, or subcontractor. PPI pertaining to a subcontractor cannot be disclosed to the prime quoter without the subcontractor's consent. PPI forms and information obtained from other sources will be used to establish the relevancy of past performance. The Government will assess relevancy for each recent PPI using the following definitions in the below table 1.

Table 1. Past Performance Relevancy Ratings Rating Rating Definition

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Performance Quality Assessment. For each of the recent and relevant past performance information reviewed, the performance quality of work will be assessed based on the (i) Quality Assessment Criteria evaluated through using the comments from the contacted customers and (ii) the evaluation ratings in the Federal Past Performance Information Retrieval System (PPIRS), if available. The Government will assess the quality of each recent and relevant PPI using the following quality descriptions in the below table 2.

Table 2. Past Performance Quality Assessment Quality Assessment Description

Satisfactory (S) During the contract period, contractor performance is meeting (or met) contract requirements. For any problems encountered, contractor took effective corrective action.

Unsatisfactory (U)

During the contract period, contractor performance is not meeting (or did not meet) some contract requirements. For problems encountered, corrective action appeared only marginally effective, not effective, or not fully implemented. Customer involvement was required.

Not Available (N) Quality and/or performance information is not available.

Evaluation Ratings. As a result of the relevancy and performance quality assessments of the recent PPI evaluated, the Government will assess an integrated past performance evaluation rating as described in the table below 3.

Table 3. Past Performance Evaluation Ratings Rating Description

Acceptable

Based on the quoter's performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter's performance record is unknown.

(See note below.)

Unacceptable Based on the quoter's performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort.

Note: In the case of a quoter whose PPI is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, Unknown shall be considered Acceptable. More recent performance will have a greater impact on the Past Performance rating than less recent effort.

Quoters are cautioned to submit sufficient information and in the format specified in FAR 52.212-1 of this solicitation. The Government intends to award a contract without further interchanges with quoters. Consequently, quoters are highly encouraged to quote their best quote in their initial submissions. However, the Government reserves the right to have interchanges with any or all quoters, if it is determined advantageous for the Government to do so. This statement is not to be construed to mean that the Government is obligated to have interchanges with every quoter (note that FAR Part 15 procedures do not apply to FAR 13 procedures, therefore formal discussions are not applicable). A quoter may be eliminated from consideration without further interchanges if its quote is not among those considered most advantageous to the Government based on a best value determination.

(End of Addendum)

Other Contract Requirements